Sunday, December 21, 2014

Phase 3 (Sentencing). "A Juror's Perspective." Written by: Paul Sanders The 13th Juror MD

Jodi Arias Retrial - Phase 3 (Sentencing). "A Juror's Perspective."
Justice for Travis.
Justice for Dale.
This was the third day of the retrial of Jodi Arias. This was the Friday, in loose court terms, of the first week of the trial. I feel empathy for the remaining Jurors and know the weekend will be long for them. I know that their heads are reeling from a week of completely unfamiliar territory for each of them.
If each Juror is doing as expected, their minds will feel like a rumbling Gerbil Wheel in their heads. They are not allowed to talk to anyone as to the events they have just witnessed. They are denied Facebook, Twitter and the ability to share their thoughts with their loved ones. They cannot listen to News radio nor watch CNN, HLN or even the evening news. Each will find things to do such as take their kids to school, work their jobs over the weekend, do some housework and get ready for Monday.
Three weeks ago, none of the Jurors knew they would be on a high profile Jury. Odds are, most of them have never been on a Jury before. This is a new, exciting, yet, intimidating experience. I can guarantee each wants to do the best job they can especially in the face of the tragic and horrific death of Travis Alexander. 
I know how they feel because fifteen of us spent the better part of four months in the system's search for Justice for Dale Harrell, a victim who also died a horrific death. The stakes were as high as Arias as we completed three phases of the trial including the sentencing phase. I, with eleven others on our Jury, understand the weight of deciding life or death. Dale Harrell will always be in our hearts.
To this Jury, Travis Alexander will be in each of their hearts until they die.
The experience is intimate, close and intimidating. 
I can imagine what is going through their heads this weekend. Their first day of trial seated in the Jury box must have been like a whirlwind. I know it was painful to see the effects of the brutal attack on Travis Alexander. The first day of the retrial, the Jury was shown 158 pieces of evidence by the Prosecution lead by Juan Martinez. It was a lesson in the murder of Travis Alexander - fast forward. I saw the looks on their faces and many could only look at the pictures on the screens as if taking small sips of water, careful not to look at these images too long. I know they will remember these images the rest of their lives. I hope they remember them clearly in the deliberation room and I suspect they will.
The second day of the retrial, each Juror met for their first morning together in the Jury room. Seventeen of them will struggle to remember each other's names. They will meet the Court Assistant, Janet, who also happens to be in charge of those who can be in the Gallery. She is really tough and a stickler for the rules. She is in charge of the Jury. I can only imagine how each Juror felt when they witnessed the immediate dismissal of a fellow Juror in the span of an hour. Juror #9 made the mistake of approaching the media. The mistake was magnified when her lack of a Juror Badge put the trial at risk. 
I noticed that each Juror was wearing a Juror Badge today. Although I hesitate to say it, I don't believe I saw badges on everyone yesterday. 
The Jury would have come in today and I bet the wrath of Janet was severe on them at the start of the morning. Janet gathers the Gallery seating people from a room on the first floor. If the number of public that arrives is beyond 20, a lottery is held. She gives us the rules in the morning and escorts us up to the courtroom. I will say that she was less than affable with us. Hence, I feel empathy for the Jury.
My impression of what the seated Jurors think of the Court personalities is fairly simple. They are impressionable and they are listening with open ears. I can bet they are bursting inside wanting to discuss what they have seen but know what can happen after the dismissal of Juror #9. None of them want to be in that position. It is frustrating not being able to talk to your fellow Jurors about the events that have been put in front of you.
I suspect they really like Juan Martinez. They like him because his evidence flows continually almost without pause. He keeps your attention and time passes quickly. He keeps the mind busy and working. The Juror's like him because he shows them things that they can touch and feel.
(The only thing I don't understand, speaking as a learned and experienced Juror in a similar position, is why don't I see the Jurors furiously taking notes?)
I also suspect they don't particularly care for the defense team of Kirk Nurmi and Jennifer Wilmont. The flow of evidence does not feel tangible. The defense seems aggressive and this impression will alienate many Jurors quickly.
Jurors are selected for having a history of being a reasonable person. A reasonable person would see the picture that Juan Martinez is painting.
A Walmart Supervisor was on the stand today. Juan Martinez made her feel comfortable on the stand which is not to say that she was timid in any sense. She knew her job and she carried well as a witness.
Kirk Nurmi did his best to shake her and she didn't budge. She even remained friendly. She made it clear that there was no gas can returned at her Walmart as the defendant had claimed. Kirk Nurmi never broke her. Kirk Nurmi slammed his book on the defense table at the end of his questioning.
He just alienated the Jury and will have to work to build up their trust again. It's like the kid who flips the checkerboard over when he loses a game. Who wants to play that kid again?
The close of trial on day 3, the Friday in Court time, Judge Stevens called out Juror #17 and told that Juror to wait behind until she was spoken to privately. 
This is not good for Juror #17. Our jury, in the Dale Harrell murder case, had times when Judge Steinle III needed to speak to us privately, usually the result of a Jury Question completed by a Juror and submitted to the Bailiff. At no time did the Judge call an individual Juror out in open Court.
Three days and three alternates potentially gone.
I imagine what each Juror must be thinking as they went home for the weekend leaving Juror #17 behind.
I know they will see images of Travis Alexander all weekend. They will wonder why they ever wanted to be a Juror to begin with. The sacrifice is surmountable but the Gerbil wheel in the brain will feel like it will never quit.
Believe it or not, they want Justice for Travis Alexander.
Let us keep them in our prayers.
I look forward to seeing you on Monday.
Paul Sanders
The 13th Juror MD

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